As Cuccinelli shows his stripes, what was Virginia thinking?

March 08, 2010|By Carol Capó

All right, Virginia, you voted for him. Now let's see how Ken Cuccinelli is going to work out.

The new attorney general's fast out of the blocks with controversial moves in his first months on the job. Controversial, but not surprising. In his campaign, he made no bones about his ideas and ideals. Now we'll see how they work out as state policy.

Actually, the idea of an attorney general making policy is alarming. When the governor and General Assembly do it, there are checks and balances.

But when the attorney general starts in, where's the check? When he comes out of the far reaches of the ideological spectrum, as Cuccinelli does, there's no balance. Only some far-off accountability, at the next election. But attorneys general rarely run for re-election. Usually, they're using the office to polish up their résumé for the job they really want: governor.

To this one, Virginia, pay attention.

Cuccinelli's first headline grabber was trying to undo the Environmental Protection Agency's steps toward reducing carbon dioxide emissions. Cuccinelli's basing his move on revelations that some climate scientists behaved badly, manipulating and withholding data, making claims it doesn't support. None of which changes the nature of reality. The evidence of climate change over the last few centuries is right there in observation data. The open questions are how much, what's causing it and how to respond.

Citing the data, Cuccinelli asked the EPA to reconsider its ruling that CO2 is a health threat, a designation that opens the door for it to regulate emissions, and he asked a federal court to review the ruling.

This is complex stuff, with implications for the state's industries, residents and economy. Are we comfortable with our ground being claimed unilaterally? Shouldn't science be involved, to inform the decisions? Cuccinelli's snarky comment in a recent newsletter — that he was looking "out the window at 30+ inches of global snowing" — suggests he isn't the guy to bring it to the table, confused as he seems about the difference between weather and climate.

Cuccinelli hopped on another hot spot with the opinion he sent to the state's public colleges and universities advising them that they do not have the authority to include in their nondiscrimination policies references to sexual orientation, gender identity or gender expression.

His letter reads like a lawyer's: He argues law and the opinions of previous attorneys general, Democrat and Republican. Of protecting gay, lesbian and transgender people, he doesn't say, "This is morally wrong," but "This is not permitted under state law," which spells out the discrimination policy for the state — and colleges — and gives the General Assembly sole authority to make those rules.

In reality, Cuccinelli's opinion may have more heft as a symbol of who he is than as a script for day-to-day life on campus. It doesn't mean that colleges will discriminate. It's just advice, not binding. They're free to not discriminate, whether they put that in writing or not.

And if there's one place that prides itself on acceptance, it might be a college. They are, generally, more liberal, farther to the left than the public at large. Consider, for example, Virginia Tech's stymied plan to require faculty to demonstrate enthusiasm for diversity as a condition for tenure and promotion.

In any event, Cuccinelli's policy- making wings may have been clipped, on this at least, by the man whose red coattails he rode into office. Gov. Bob McDonnell has indicated that he's not interested in enforcing the AG's opinion. His statement was clear and quick to arrive: "The Governor expects no Virginia college or university, or any other state agency, will engage in discrimination of any kind. The Governor will not tolerate discrimination in the Administration." That sounds like policy.

Time will tell, with Cuccinelli, whether what's at work is a man building a base or a man on a mission, a cool legal mind or a heart afire with a cause. If it's the latter, we're in trouble, because some of his views don't line up with those of most Virginians and some of his causes won't serve them well. He was the beneficiary of some sweet timing for Republicans, of running mates whose moderation had wide appeal and of folks who just kept voting the party line as they went down the ballot. But Cuccinelli's another brand of Republican, the far-right, government-intrusion-in-social-issues brand that makes the party its own worst enemy.

If Cuccinelli settles down to his real job; running the state's law firm, taking care of its legal business, this could turn out OK. If he doesn't, we'll have four years to ask, "Virginia, what were you thinking?"